On Second Thought...

Our recent praise of the kumbaya karma wafting around town lately was, it now appears, a bit of wistful thinking.

First, word arrives that Bob and Nicky Hunt have sued the city over its approval of PAR’s 308 Pine Avenue site plan back in November. The suit, which you can see HERE, mirrors the Nally lawsuit against the city over approval of the 216 Pine site plan, not surprising since the same lawyers represent both the Nallys and the Hunts and the issues are essentially identical. Stayed tuned.

And speaking of the Nally suit, PAR’s recent success at site plan approval with a kinder gentler commission certainly has not quenched their lust for the courtroom. Not satisfied with their own lawsuits against the city, all of which remain pending, PAR asked the Nally judge to let them join that party too. The judge allowed them to “intervene” in the ongoing case and PAR’s new lawyer Andrea Mogensen, she of Michael Barfield and recall election fame, wasted no time rattling sabres. Based upon this intervention in the Nally suit over 216 Pine, one suspects PAR will join the Hunt 308 Pine suit as well or seek to consolidate their own 308 case with this new one.

So let’s try to get this all straight.

PAR sued the city because the 308 Pine site plan was denied but then the plan got approved so the Hunts sued the city too. Now the city is spending money to defend a denial that is now an approval and to defend an approval that someone claims should be a denial.

Also, the Nally’s sued the city way back in March because 216 Pine was approved and PAR, confident as ever, built it anyway. PAR joined that suit ten months later because, well, for one, the judge was a few days away from considering a summary judgment (sort of like an expedited slam dunk win) filed by the Nally’s and by parachuting in at the last minute PAR pretty much screwed up that effort, at least for a while. And of course PAR has to consider the spectre, generally but appropriately raised by the P&Z’s Sandy Mattick last year, that if the Nally’s win, the judge could order that 216 Pine be flattened. Hey, it’s happened more than once and that is not a conversation PAR wants to have with all those new tenants so… “once more unto the breach dear friends.”

Then there’s 210 Pine. PAR sued the city because that plan was denied and for whatever reason they have not lifted a finger in that suit for nearly four months. But if PAR’s modus operandi holds true, look for them to resubmit the plan to a now friendlier commission for approval, alà 308 Pine.

And finally, as if its Lawyer Enrichment Initiative were not enough, we hear PAR will soon begin serving subpoenas on several local residents, dragging them in to testify about all of that nasty stuff from last year. Sigh.

So, kumbaya? Eh. Looks more like boom-baya. Oh well.

Stay informed.

Bill Yanger